HomeMy WebLinkAboutO-03-05ORDINANCE NO. 0-03-05
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN
AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE
FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE
CLASSIFICATION OF RIVERFRONT MIXED USE (RMU) FOR ANNEXED LAND
WITH A PRIOR COUNTY LAND USE DESIGNATION AS M-1 FOR LAND
CONSISTING OF 0.75 ACRES, MORE OR LESS, LOCATED ALONG US
HIGHWAY ONE AT CITY'S NORTHERN LIMITS; AUTHORIZING FINDINGS
AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of Dr. Hadi Shalhoub for
an amendment to designate an initial land use for certain property considered for annexation
from its existing County Future Land Use Map designation of M-1 to RMU (Riverfront Mixed
Use) in the City; and
WHEREAS, the City Council has considered the criteria identified in Section 54-1-
2.9(c) of the Land Development Code and Florida Statutes together with the findings and
recommendations of its staff and the Planning and Zoning Commission; and
WHEREAS, the City Council has provided notice of the proposed Plan Amendment and
has conducted the required public hearings to receive citizen input; and
WHEREAS, the City Council has considered the applicable provisions of the existing
Comprehensive Land Use Plan; and
WHEREAS, the City Council has determined that the proposed changes in the City
Comprehensive Land Use Plan, are consistent with the existing comprehensive plan and tl~e
future development goals of the City of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan
Future Land Use Map adopted by this Ordinance shall affect the following described real
property, now lying and being within the incorporated area of the City of Sebastian, Indian River
County, Florida:
Lot 18, Jeans Unit, Indian River Twin Estates as recorded in Plat Book 8,
Page 31 of the Public Records of Indian River County, Florida, containing
0.75 acres more or less;
As depicted on the survey attached as Exhibit "A ".
Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall
be amended to include the affected property, and designate said property as Riverfront Mixed
Use (RMU) in accordance with the requirements of Florida law.
Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that the City Council did not intend
to enact such invalid or unconstitutional provision. It shall further be assumed that the City
Council would have enacted the remainder of this Ordinance without said invalid or
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
execution.
The foregoing Ordinance was moved for adoption by Councilmember B a r c z y k
The motion was seconded by Councilmember ¢ o n i g I i o and, upon being put to a
vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ray Coniglio
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Nathan McCollum
aye
aye
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 28 th day of
May ,2003.
CITY OF SEBASTIAN, FLOR1DA
ATTEST:
Sail9 A. M,,~, CMC
City Clerl~
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
WO~RTSNDYlt5 ,CUR V~.YIlV$,
804 IROQUOIS AVE. M~LBOURN[ FLA.
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